Monday, January 13, 2014

Abuse hearings will examine ‘soul of Northern Ireland’

The Historical Institutional Abuse inquiry will
examine the “soul of Northern Ireland”, the inquiry’s senior counsel has
promised.

It will be the largest investigation of child abuse anywhere
in Northern Ireland or Britain.

Speaking at the opening of public hearings in Banbridge courthouse today, Christine Smith
QC quoted the late Nelson Mandela who said: “There can be no keener
revelation of a society’s soul than the way in which it treats its
children”.

She told inquiry chairman, retired senior judge Sir Anthony Hart,
and others in the packed courthouse: “By examining how vulnerable
children living in children’s homes between 1922 and 1995 were treated,
this inquiry will essentially examine the soul of Northern Ireland.”

The courtroom included many of those who have applied to tell their story to the inquiry and their families.

Ms
Smith said that since the inquiry began its work 12 months ago, it was
painfully aware of the concerns of those who had suffered and who simply
wanted their voices heard to be heard.

“Many have
waited years for this day,” Ms Smith told the opening public session of
the inquiry. “Some of those individuals who would have taken part in
this inquiry are no longer with us. For many it will be the first time
they have spoken about what happened to them.”

This inquiry both will give them a voice, she added.

Ms
Smith said quoted one anonymous applicant, who had told inquiry staff:
“I may be a little person but I still have a voice and I want to hold my
head up as I have done nothing wrong”.

It was for
such people that the inquiry was being conducted in an attempt to
ascertain the levels and nature of abuse for the 73 years between the
foundation of the state and 1995 when new legislation “changed the
landscape” for residential child care in Northern Ireland.

The
task to investigate failings in the system, she continued. At the core
of its work is a human story and how the most vulnerable were treated.
Given the scale of the task and the difficult and often harrowing nature
of the evidence that will be heard, Ms Smith added that the importance
of the inquiry could not be underestimated.

She told the inquiry some 97,000 pages of written evidence had already been collated.

She
accepted that criminal proceedings could ensue, given the expected
evidence that will be heard.

She acknowledged opening remarks by Sir Anthony
who outlined procedures whereby all evidence could be heard, in private
if necessary, without prejudicing any criminal hearing that may follow.

Ms
Smith outlined what definitions and understandings would be used by the
inquiry of terms such as “systemic failure” of “abuse”.

She said she
was are that historic actions could not fairly be judged by current
public attitudes and standards.

There has never
been a standard definition of child abuse, she added and the inquiry has
its own definition which encompasses not only neglect but also
emotional, sexual and physical abuse.

Earlier,
Sir Anthony told the inquiry that as this is an inquisitorial
procedure, suspected illegalities will be reported to the PSNI and to
the Northern Ireland Public Prosecution Service to decide if there
should be a prosecution.

“Vital as the evidence to
be given by those who say there were abused is to the work of the
Inquiry, the Inquiry is also about how those institutions were run, and
what those institutions, the State and society as a whole did or did not
do to see that those children were not abused,” he said.

Formal hearing of witness evidence will commence on Tuesday, January 28th.

The
inquiry will investigate the treatment of children in residential
institutions which had a responsibility for children under the age of 18
since 1922 following Partition until 1995.

- 434 people have made formal applications to be heard by the inquiry

- 46 people applied to the inquiry to speak to the private and confidential aspect of the inquiry

- 362 people applied to speak to the public part of the inquiry. Some have decided to do both, the remainder have yet to decide

- 61 people, now resident in Australia,
have applied to speak to the inquiry. They were moved to Australia in
the late 1940s and early 1950s under the British government child
migration scheme.

- 13 institutions are under investigation

- 20 people, now resident in the Republic, have applied to speak to the inquiry